{"operation":"document","citation":"13-0054","title":"TOM DOLCE Training Associates — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2013-04-11","effective_on":null,"summary":"13-0054 response to TOM DOLCE Training Associates concerning 171.22, 173.120.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0054.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0054.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0054","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2013/130054.pdf","body":"<<>>\n\nU.S. Department of Transportation\nPipeline and Hazardous Materials\nSafety Administration\n1200 New Jersey Ave, S.E.\nWashington, D.C. 20590\nAPR 1 1 2013\nMr. Thomas Dolce\nPrincipal Engineer\nTOM DOLCE Training Associates\nP.O. Box 7624\nWarwick, RI 02887\nRef. No. 13-0054\nDear Mr. Dolce:\nThis responds to your February 18, 2013 letter requesting clarification of the classification\ncriteria for a Class 3 (flammable liquid) under the International Air Transport Association\n(lATA) Dangerous Goods Regulations (lATA DGR) as they relate to the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180). In your letter, you describe a liquid\nmaterial with a flash point of 114 op that does not sustain combustion. Additionally for\nreference, you provide correspondence with a representative of IAT A concerning this\nsubject and further clarification of the applicability of the flammable liquid classification\ncriteria under the International Maritime Dangerous Goods (IMDG) Code and the HMR.\nIt is your understanding that in accordance with the flammable liquid testing requirements\nunder the lATA DGR (see 3.3.1.3(a)), the material would not be subject to the provisions\nofthe lATA DGR. However, you are concerned that provisions 3.3.1.4 and 3.3.1.5 cause\nthe material to remain regulated as a Class 3 flammable liquid. Specifically, you are\nconcerned that although offered at a temperature below its flash point, during the course of\ntransportation conditions may be such that the temperature of the material may equal or\nexceed its flash point, thus, causing the material to be considered a flammable liquid under\nthe lATA DGR.\nThe HMR authorize and provide conditions for use of international standards and\nregulations in§ 171.22. The lATA DGR are not included among those authorized although\nthe International Civil Aviation Organization Technical Instructions for the Safe Transport\nof Dangerous Goods by Air (ICAO TI) and the IMDG Code are authorized. Thus, we\ncannot specifically address your concerns regarding the IA TA DGR.\nHowever, for purposes of the HMR and in accordance with the flammable liquid definition\nin § 173.120, a liquid with a flash point greater than 95°F that does not sustain combustion\naccording to test method ASTM D 4206 or the test procedure outlined in Appendix H of\nPart 173 of the HMR is not defined as a flammable liquid (see §173.120(a) and (a)(3)).\nSuch a material is not subject to the requirements of the HMR as a flammable liquid even if\n\n<<>>\n\ntemperature conditions during the course of transportation were to cause the material to\nequal or exceed its flash point.\nFor purposes of the ICAO TI and in accordance with 3.1.2, a material meeting the\nflammable liquid definition, which includes a liquid offered for transport at temperatures at\nor above its flash point or a substance offered at an elevated temperature, is not considered a\nflammable liquid under the ICAO TI if the material has passed a suitable combustibility test\n(see 3.1.3(a)).\nFor purposes of the IMDG Code and in accordance with 2.3 .1.2, a material meeting the\nflammable liquid definition, which includes a liquid offered for transport at temperatures at\nor above its flash point or a substance offered at an elevated temperature, is not subject to\nthe provisions of the IMDG Code if the material has passed a suitable combustibility test\n(see 2.3.1.3.1).\nI hope this information is helpful. If you have further questions, please contact this office.\nSincerely,\nftk;?JJ! Robert Benedict\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<>>\n\nFebruary 18, 20 13 .\nDer- k1nderen\n9172 .. /0 (\n~I t3. fZo\nt:lurnwt~k Li_r;els JTATA.\n1~- D651\nUS Department of Transportation\nPipeline and Hazardous Materials Safety Administration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nDear Sir/Madam:\nI have a question regarding Class 3 Flammable Liquids that I would appreciate a formal letter of\ninterpretation on from your office. The question involves the air shipment of non-bulk packages\nunder the lATA Dangerous Goods Regulations which are authorized for use by 49 CFR 171 Subpart\nC. I contacted lATA regarding the question and was informed that a formal letter of interpretation\nmust come from the Competent Authority in the country of origin (USDOT). The question follows:\nI have a liquid with a flash point of 114 °F but does not sustain combustion per lATA DGR\n3.3.1.3(a), and exhibits no other hazards. I therefore consider it not subject to the DGR. I ship it in\nnon-bulk packages and offer it for transportation at ambient temperature. I am concerned about\nlATA DGR 3.3.1.4 and 3.3.1.5. Although I am offering the material for transportation at a\ntemperature below its flash point, I am concerned that during transportation (for example, in the back\nof a truck on route to the airport) the temperature may equal or exceed the material's flashpoint.\nWould it then become a Class 3 flammable liquid? A written interpretation on this matter would be\nappreciated.\nFor your use, I am providing the following response I received from lATA. During a follow-up\ntelephone conversation with lATA after receiving the email, I was advised to request a formal\ninterpretation from USDOT.\nEmail received from IAT A\nFrom: YMQ Dangerous Goods \nDate: January 6, 2013 10:08:16AM EST\nTo: Tom Dolce \nSubject: RE: Question\nTom,\nApologies for the delayed response but I'm away from work over the\nChristmas I New Year holidays.\nIf you meet the conditions set out in 3.3.1.3(a), (b) or (c) then\nyour substances is not regulated in transport as a flammable liquid.\nI believe that once packaged then the provisions of 3.3.1.4 and\n3.3.1.5 will not apply in air transport.\n\n<<>>\n\nFebruary 18, 2013\nPage2\nRegards,\nDavid BRENNAN\nAsst. Director Cargo Safety & Standards\n( +41-22-770-2947\n2: +41-22-770-2686\n*: /J.Ignn:PJ1t:f@jgJQ,Qrg\nInternational Air Transport Association\n33, Route de l'Aeroport\n1215 Geneva 15 Airport\nSwitzerland\nwww. iata. orgl dangerous goods\nSummary of Question\nThe liquid I am shipping has a flashpoint of 114 °F but meets the conditions ofiATA DGR 3.3.1.3(a)\nand exhibits no other hazard class. I therefore consider it not subject to the DGR. It is offered in\nnon-bulk packages at ambient temperature (below 100 °F) for shipment by air following a ground\nportion of the shipment to the airport.\nThe language in lATA DGR 3.3 .1.5 states \"Substances that are transported or offered for transport\nat elevated temperatures in a liquid state and which give off flammable vapour at a temperature at or\nbelow the maximum transport temperature (i.e. the maximum temperature likely to be encountered by\nthe substance in transport) are also considered to be flammable liquids. \"\nIn the back of the truck on route to the airport or possibly in the airplane, the temperature of the\nmaterial may rise and equal or exceed its flashpoint. Would it then become a Class 3 flammable\nliquid and should it have been shipped as such?\nFor Shipments by Vessel\nSince we may also ship this material by vessel under the IMDG Code, would your answer to the\nabove also apply to water shipments, including the highway portion on route to the port? The\napplicable IMDG Code reference is 2.3.1.2.2.\nFor Domestic Shipments by Ground\nWe may also ship this material by ground under the DOT's HMR. It appears clear under 49 CFR\n173.120(a) that we need not be concerned with this issue since we are not intentionally heating the\nmaterial and it is not being shipped in bulk packages. Could you please confirm our interpretation.\nFax 401 596-9675 TOffi DOL(~ Training Associates\n\n<<>>\n\nFebruary 18, 2013\nPage3\nPlease contact me if you require any additional clarification regarding my question and thank you for\nyour anticipated response.\nVery truly yours,\nrom DOLC~ Training Associates\nThomas J. Dolce, P.E., CET\nPrincipal Engineer\nCell401 441-1431\nFax 401 596-9675 TOffi DQl(~ Training Associates\n\n<<>>\n\nDrakeford, Carolyn (PHMSA)\nFrom: INFOCNTR (PHMSA)\nSent:\nFriday, February 22, 2013 10:40 AM\nTo:\nDrakeford, Carolyn (PHMSA)\nSubject: FW: Question\nAttachments: USDOT Question.pdf\nHi Carolyn}\nWe received the following request for a formal letter of interpretation.\nThanks}\nVictoria\nFrom: tom dolce [mailto]\nSent: Monday, February 18, 2013 2:56 PM\nTo: INFOCNTR (PHMSA)\nSubject: Question\nDear Info Center - Please refer to the attached question regarding Flammable Liquids. Please contact me if you\nneed any additional information.\nThank you,\nTom Dolce\n401 441-1431\n1","truncated":false,"body_characters":8573}